Rose Bay Marina Sydney East Joint Regional Planning Panel DA 136/2012/1 13th September 2012 DEVELOPMENT APPLICATION ASSESSMENT REPORT FILE No. DA 136/2012/1 ADDRESS 594-596 New South Head Road ROSE BAY SITE AREA 3607m2 ZONING W5 – Water Recreation (SREP (Sydney Harbour Catchment) 2005) PROPOSAL Extension to Rose Bay Marina comprising of: - An additional 9 x 10m berths on Arm A - The addition of a new marina arm (Arm C) which is proposed to be a floating pontoon system that incorporates 37 x 15m berths. The height of vessels to be berthed on the new Arm C is proposed to be limited to 3.5m in height - A new walkway connecting Arms B and C incorporating a viewing platform and bench seat - Retention of 24 commercial swing moorings TYPE OF CONSENT Local/Integrated development COST OF WORKS $2,408,774.00 DATE LODGED 02/04/2012 APPLICANT Rose Bay Marina Pty Ltd OWNER Rose Bay Marina Pty Ltd AUTHOR Mrs L Holbert G:\Authority\authdoc\documents\DD\100\FROM000\100-2012-00000136-001\0463DAREP2011.doc 1 Rose Bay Marina Sydney East Joint Regional Planning Panel DA 136/2012/1 13th September 2012 EXECUTIVE SUMMARY 1. LOCALITY PLAN subject site north Aerial Photo (Source: EIS) G:\Authority\authdoc\documents\DD\100\FROM000\100-2012-00000136-001\0463DAREP2011.doc 2 Rose Bay Marina Sydney East Joint Regional Planning Panel DA 136/2012/1 13th September 2012 2. DELEGATIONS SUMMARY Recommendation of Level of Delegation Report The application is to be determined by the Joint Regional Planning Refusal because of Panel as the proposed development is designated development. visual/view impacts 3. PROPOSAL SUMMARY The proposed development is for alterations and additions to the Rose Bay Marina (refer to figure 1). The proposal involves the following works: Construction of a new marina arm to the east of the existing marina arms. The new arm (Arm C) consists of 37 berths capable of mooring boats up to 15m in length. The height of vessels to be berthed on the new Arm C is proposed to be limited to 3.5m. Nine additional berths are proposed to the existing western arm (Arm A). The nine new berths on Arm A could accommodate boats up to10m in length. A new walkway connecting Arms B and C incorporating a viewing platform and bench seat. Figure 1: Proposed plan of the marina. (Source: EIS) The proposed new marina arm (Arm C) will be linked to the existing marina arm (Arm B) by a curved walkway, running parallel to the shoreline. Arm C (eastern arm) includes 37 berths with G:\Authority\authdoc\documents\DD\100\FROM000\100-2012-00000136-001\0463DAREP2011.doc 3 Rose Bay Marina Sydney East Joint Regional Planning Panel DA 136/2012/1 13th September 2012 services pedestals located at the junction of the marina arm and at each finger. The 5 berths at the T- head will accommodate boats perpendicular to the shore. The marina extension has been designed in accordance with the Australian Standard AS 3962-2001 “Guideline for the Design of Marinas” and the NSW Maritime Guidance Note 8.3.02 (see Table 1). Element Design Walkway width 3.2m Width of fingers 1.4m to 2.08m Length of fingers 15m Minimum clear width of 11.4 to 11.5m double berths Minimum width of fairways 35m (west side of Arm C) 30m (east side of Arm C) Table 1 – Arm C Proposed Marina Design The 9 additional berths proposed to Arm A are to be incorporated into an area previously approved for refuelling. The additional berths on Arm A will accommodate boats up to 10m in length. The clear width of the double berths ranges from 9m to 10.5m and the length of the fingers are 9.7m. The marina berths will comprise a floating system of walkways, with finger units at right angles to the walkways creating the berthing pens and providing access alongside the craft. The floating berths would be located in place by vertical piles driven into the harbour bed. These piles are proposed to comprise circular steel piles with HOPE plastic sleeves. Mooring piles would be provided between the majority of double berths for ease of berthing and additional mooring security (with the exception of the new berths to Arm A). This is consistent with AS 3962-2001 which recommends mooring piles in double berths where wind generated waves or boat wake exceed 300mm in height. The width of the double berths is increased by the width of the pile. The proposal involves the marina relinquishing 46 of its existing commercial swing moorings and for the retention of the remaining 24 moorings. As a result of the proposed development the total number vessels moored at the marina would remain unchanged. However, there would be an increase in the number of floating berths from 49 to 95 and a decrease in the number of swing moorings from 70 to 24 (see figure 2). G:\Authority\authdoc\documents\DD\100\FROM000\100-2012-00000136-001\0463DAREP2011.doc 4 Rose Bay Marina Sydney East Joint Regional Planning Panel DA 136/2012/1 13th September 2012 Figure 2: Plan showing the swing moorings to be retained and relinquished. (Source: EIS) The proposed hours of operation of the marina walkways are as follows: Summer (Daylight Saving): seven (7) days a week, 7.00am to 6.00pm Winter (Non-Daylight Saving): seven (7) days a week, 7.00am to 5.00pm Marina berth holders would be able to gain access to their vessels 24 hours a day, 7 days a week. An access control gate is located on the timber hardstand leading to the marina. The proposed additional berths to Arm A are located in the area of the approved fuelling berth. It is proposed to use the area at the north-west corner of Arm A as a combination of casual berthing, fuelling and sewage pump-out berth. There also a pontoon adjacent to the Marina Kiosk available for casual berthing. The berths to Arm C will be supplied with water, power, lighting and Wi-Fi. These services will be available to the berths via low height carbon fibre service pedestals. The service pedestals would be located at the junctions between the fingers and arms and along the main walkway. The pedestals will be the same as those already installed to Arms A and B. The various services to the pedestals will be supplied from the land-based infrastructure via pipework and conduits which will run down the access gangway (incorporating flexible couplings) and be fitted under the floating walkway deck, out of view but accessible for inspection and maintenance. Fire fighting equipment will be provided in accordance with AS 3962-2001 and to the requirements of the relevant authorities. The equipment will include fire hose reels and fire extinguishers. The marina redevelopment is classified as designated development under Schedule 3 of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) as the marina would have an intended capacity of more than 30 vessels and the ratio of car parking spaces to vessels is G:\Authority\authdoc\documents\DD\100\FROM000\100-2012-00000136-001\0463DAREP2011.doc 5 Rose Bay Marina Sydney East Joint Regional Planning Panel DA 136/2012/1 13th September 2012 less than 0.5:1. The proposal is also Integrated Development, as a license from the Office of Environment and Heritage under the Protection of the Environment Operations Act 1997 and a permit from the Department of Primary Industries under the Fisheries Management Act 1994 are required. 4. ISSUES SUMMARY Issue Conclusion Section View loss/visual impact The visual impact of the new berths to Arm A are considered acceptable 16.1 however the visual impact and view loss created by the new Arm C are unacceptable. This is further discussed in section 16.1 of this report. Traffic & Parking The parking and traffic impacts are considered satisfactory. These 16.2.1 impacts are further discussed in section 16.2.1 of this report. Heritage The heritage impacts of the proposal are considered satisfactory. These 16.2.3 impacts are discussed in section 16.2.3 of this report. Cumulative impact The proposed Arm C is considered to create unacceptable cumulative 16.1 impacts on views. This is further discussed in section 16.1 of this report. Noise The noise impacts of the proposal are considered satisfactory and could 16.2.5 be conditioned to ensure both construction and operational noise impacts are minimised. These impacts are discussed in section 16.2.5 of this report. Navigation/Safety The proposed navigation and safety impacts are generally considered to 16.2.4 be acceptable. This is further discussed in section 16.4 of this report. Ecology The proposed ecology impacts are considered to be acceptable and are 16.2.2 discussed in section 16.2.2 of this report. 4.1 SEPP 1 Objections None. 4.2 Submissions Issue No. of Conclusion Section Objectors No demonstrated The previous court case involving a similar amount of marina demand for the berths demonstrated demand for the facility. Further to this the facility applicant has stated that: all of the 10m and 15m berths at the marina are occupied and have a wait list for those berths. demand for 10m and 15m boats is the greatest out of any size category. 12 the marina was due for completion in December 2011 but due to delays with the connection of power and water the marinas did not fully open until April 2012 (this meant a lot of our target customers deferred coming to the marina until Summer 2012/13).